Zubareva A. International legal status of the UN Human Rights Committee

In the Introduction the main goals of the research are defined, the actuality of the subject is described. Special attention is paid to the methods which are used in research. The scientific novelty of the research is underlined. This dissertation reviews the contents of the international legal status of the UN Human Rights Committee. The first Chapter starts with the analysis of the historical background formation and development of the establishment and functioning of UN Human Rights Committee. Main stages of the development of this process are pointed out. Special attention is paid to the United Nations role in this process. Further, the legal grounds of the UN Human Rights Committee functioning are considered. The sources of regulation of the Committee’s legal status are characterized. It is emphasized that the International Covenant on Civil and Political Rights of 1966 is the main source of the Committee’s international legal status. The classification of the sources as main and additional is conducted. Particular attention is paid to the intra-organizational mechanism of the Committee. The role of the different elements of this mechanism is compared. The conclusions about the possible directions of the reforming of the Committee’s intra-organizational mechanism are made. In the Chapter II the issues of UN Human Rights Committee’s competence, functions and powers are analyzed. The four main functions of the Committee are pointed out and compared with the functions of other UN treaty Committees. It is concluded that the consideration of reports of ICCPR States parties is the main power of the Committee. The power of Committee to consider the interstate disputes is studied. The main principles of the consideration of the individual claims by the Committee are viewed and the effectiveness of this procedure is estimated. The conclusions about the legal nature of the Committee’s decisions as a soft law are made. The last Chapter deals with the relations between the Committee and other participants of the international legal cooperation concerning the human rights protection. The Committee’s procedures are studied and their effectiveness, including strong and weak sides, is estimated. The legal basis of this cooperation, especially with other UN treaty bodies, is analyzed. Main problems of the relations between Ukraine and UN Human Rights Committee are defined. The possible ways of solving of these problems of Ukraine-UN Human Rights Committee are formulated. It is concluded that the further development of the international cooperation between Ukraine and Committee can be solves by the amendments to the legislation of Ukraine.